- (1.) In the present writ petition, the petitioner is praying for quashing of the order dated 23.02.1981 (Annexure P-2) passed by the Estate Officer, U.T., Chandigarh, whereby the SCF No.35, Sector 23-C, Chandigarh, was ordered to be resumed on the ground of misuse of the first and second floor by the tenant; order dated 16.02.1982 (Annexure P-4) passed by the Chief Administrator, Chandigarh, and the order dated 22.02.1989 (Annexure P-8) passed by the Adviser to the Administrator, U.T., Chandigarh, whereby the appeal as well as the revision filed by the petitioner against the order of resumption, had been dismissed.
(2.) In the present case, the site for SCF No.35, Sector 23-C, Chandigarh, was originally allotted to one Smt. Daya Wanti vide allotment letter dated 23.05.1955. Later the said Daya Wanti with the permission of administration, transferred the said SCF site in favour of the petitioner.
(3.) The petitioner built the shop-cum-flat on the said SCF site and let out the first and second floor to the tenant with a clear stipulation that he will use the rented portion of the SCF for residential purpose only and not for any other purpose. But subsequently, contrary to the clear stipulation, the aforesaid tenant started using the first and second floor of the SCF for running a school/college without the oral or written consent of the petitioner.;